No. 24-6108

Sixto Jorge Diaz-Colon v. United States

Lower Court: First Circuit
Docketed: 2024-12-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review constitutional-rights due-process eighth-amendment procedural-rules sixth-amendment
Key Terms:
DueProcess FifthAmendment Punishment HabeasCorpus ClassAction
Latest Conference: 2025-01-10
Question Presented (AI Summary)

Whether an appellate court violates due process by dismissing an appeal based solely on procedural deficiencies without addressing substantial constitutional claims or providing an opportunity to correct such deficiencies

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. WHETHER AN APPELLATE COURT VIOLATES THE DUE PROCESS CLAUSE OF THE FIFTH AMENDMENT BY DISMISSING AN APPEAL BASED SOLELY ON PROCEDURAL DEFICIENCIES, SUCH AS NON-COMPLIANCE WITH LOCAL COURT RULES, WITHOUT ADDRESSING SUBSTANTIAL CONSTITUTIONAL CLAIMS NOR PROVIDING PETITIONER WITH AN OPPORTUNITY TO CORRECT THE PROCEDURAL DEFICIENCY, THEREBY DENYING MEANINGFUL APPELLATE REVIEW. Il. WHETHER THE DENIAL OF BAIL PENDING APPEAL, COMBINED WITH DISMISSAL OF THE APPEAL FOR PROCEDURAL NON-COMPLIANCE, CONSTITUTES EXCESSIVE BAIL IN VIOLATION OF THE EIGHTH AMENDMENT AND INFRINGES UPON THE STATUTORY RIGHTS TO BAIL UNDER 18 U.S.C. § 3143(B). Ill. WHETHER PROCEDURAL RULES, SUCH AS THE FIRST CIRCUIT'S LOCAL RULE 32.4, REQUIRING COMPLIANCE WITH WORD LIMITS, FORMATTING, AND AUTHORIZATION FOR OVERSIZED BRIEFS, CAN PRECLUDE SUBSTANTIVE APPELLATE REVIEW OF SIGNIFICANT CONSTITUTIONAL AND STATUTORY CLAIMS, CONTRARY TO SUPREME COURT PRECEDENT AFFIRMING THAT CONSTITUTIONAL RIGHTS CANNOT BE SUBORDINATED TO PROCEDURAL TECHNICALITIES (STINSON V. UNITED STATES, 508 U.S. 36 (1993); MARBURY V. MADISON, 5 U.S. 137 (1803). IV. WHETHER PROCEDURAL RULES CAN OVERRIDE SUBSTANTIVE CONSTITUTIONAL RIGHTS, SUCH AS THE SIXTH AMENDMENT'S GUARANTEE OF A FAIR TRIAL OR PREVENT APPELLATE REVIEW OF UNRESOLVED STATUTORY CLAIMS RELATED TO BAIL PENDING APPEAL UNDER 18 U.S.C. § 3143(B). V. SHOULD THIS COURT EXERCISE ITS SUPERVISORY AUTHORITY TO ENSURE UNIFORMITY THAT CONSTITUTIONAL RIGHTS AND STATUTORY GUARANTEES, SUCH AS THE RIGHT TO BAIL PENDING APPEAL AND MEANINGFUL APPELLATE REVIEW, ARE ADJUDICATED ON THEIR MERITS AND NOT DISMISSED SOLELY FOR PROCEDURAL NON-COMPLIANCE? lll The legal issues arise from a common series of facts, so they are presented conjunctively in order to avoid repetitive arguments.

Docket Entries

2025-01-13
Petition DENIED.
2024-12-19
DISTRIBUTED for Conference of 1/10/2025.
2024-12-13
Waiver of United States of right to respond submitted.
2024-12-13
Waiver of right of respondent United States to respond filed.
2024-12-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 9, 2025)

Attorneys

Sixto Jorge Diaz-Colon
Rafael F. Castro LangRafael Castro Lang Law Office, Petitioner
Rafael F. Castro LangRafael Castro Lang Law Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent